Rothlein v. Metro Limo Fund, Inc.

539 So. 2d 26, 14 Fla. L. Weekly 623, 1989 Fla. App. LEXIS 1102, 1989 WL 18806

Opinion

PER CURIAM.

The plaintiff below appeals from an adverse summary judgment entered on the ground that she did not meet the applicable threshold requirements of section 627.-737(2), Florida Statutes (1985). We find no error in the ruling on the merits, but agree that it was improper to terminate the plaintiff’s claim with prejudice. Section 627.-737(3) unequivocally requires that a dismissal on threshold grounds be entered “without prejudice.” Accord Smith v. United States Fidelity & Guar. Co., 305 So.2d 216 (Fla. 1st DCA 1974).¹ The judgment under review shall be so amended and is otherwise affirmed.

1 . As Smith indicates, this provision of § 627.737(3) applies notwithstanding that the form of the order is a summary judgment, as here, rather than a dismissal.